mistake error (Virginia) · Go Syfert
← Virginia issues

mistake error in Virginia

7 Virginia opinions name it 2 courts 1852–2017 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Sullivan v. Louisianagreen
scotus · 1993 · cited in 1 Virginia opinions naming this issue, 2002–2002
1 sentence

2002See Sullivan, 508 U.S. at 281 (misdescription of burden of proof vitiated jury’s finding, thus reviewing court would be engaging in speculation to determine what a jury would have done).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Massie's Adm'r v. Heiskell's Trustee green
va · 1885
2 sentences

1852Massie v. Heiskell, 80 Va. 789 .

1852Massie v. Heiskell, 80 Va. 789 .

31852–1852
Reliable Constructors, Inc. v. CFJ Properties neutral
va · 2002
2 sentences

2017Code § 43-5 provides that a memorandum "shall be sufficient if substantially in form and effect as follows." Code § 43-15 expressly provides that the lien will not be invalidated if the memorandum reasonably identifies the property by the description given and it "conforms substantially to the requirements of §§ 43-5, 43-8 and 43-10, respectively, and is not wilfully false." We have held that the word "inaccurate," as used in Code § 43-15, is defined as " 'not accurate: as ... containing a mistake or error: incorrect, erroneous.' " Reliable Constructors v. CFJ Props. , 263 Va. 279 , 281-82, 55

2017Code § 43-5 provides that a memorandum "shall be sufficient if substantially in form and effect as follows." Code § 43-15 expressly provides that the lien will not be invalidated if the memorandum reasonably identifies the property by the description given and it "conforms substantially to the requirements of §§ 43-5, 43-8 and 43-10, respectively, and is not wilfully false." We have held that the word "inaccurate," as used in Code § 43-15, is defined as " 'not accurate: as ... containing a mistake or error: incorrect, erroneous.' " Reliable Constructors v. CFJ Props. , 263 Va. 279 , 281-82, 55

22009–2017
Marie Holt Hart (now Pratt) v. James P. Hart, III green
vactapp · 2001
2 sentences

2005This authority, however, ought to be exercised in circumstances limited to those situations where the mistake or error is apparent from the record, Hart v. Hart, 35 Va. App. 221, 230 , 544 S.E.2d 366 (2001), and is not to be used to change an order which is clear on its face, regardless of whether it accomplishes the purpose intended by the requesting party.

2005This authority, however, ought to be exercised in circumstances limited to those situations where the mistake or error is apparent from the record, Hart v. Hart, 35 Va. App. 221, 230 , 544 S.E.2d 366 (2001), and is not to be used to change an order which is clear on its face, regardless of whether it accomplishes the purpose intended by the requesting party.

12005–2005
Strickland v. Washington green
scotus · 1984
1 sentence

2002Relying on Strickland v. Washington, 466 U.S. 668 (1984), the court concluded that Green had failed to show any prejudice resulting from his trial counsel’s failure to object to Instruction No. 10.

12002–2002

Where else courts name it

NY 34 (1882–2025) TX 30 (1979–2025) IL 28 (1885–2026) CA 21 (1980–2026) WI 18 (1876–2006) AL 17 (1894–2018) IN 16 (1867–2018) PA 13 (1903–2026) OH 12 (1938–2025) MD 11 (1967–2021) AZ 11 (1958–2023) ID 11 (1914–2026) UT 8 (1901–2026) VA 7 (1852–2017) LA 7 (1939–1996) CT 6 (1996–2022) FL 5 (1918–2011) AR 5 (1914–2019) NJ 5 (1926–2005) NM 5 (1935–2020) VT 5 (2006–2016) MN 4 (1927–2015) KY 4 (1921–2026) MO 4 (1869–1937) AK 4 (1980–2016) WV 3 (1984–2006) KS 3 (1910–2014) MA 3 (1936–1996) RI 3 (2011–2019) OK 3 (1966–2003) NV 3 (1949–2014) MI 3 (1975–2003) CO 2 (1944–2020) HI 2 (2005–2006) NC 2 (1983–2009) WY 2 (1986–2025) NE 2 (1903–1996) MS 2 (1971–1991) MT 2 (1937–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check